L. Daniel Ferrer, on behalf of Charles K. Bortell, Jr., on March 16, 2007.; The petition requests, "a declaratory statement from your office specifying that the DFS is charged with enforcement of the Florida Insurance Code, and that although the ...

 

DEPARTMENT OF FINANCIAL SERVICES
Division of Insurance Agents and Agency Services

NOTICE IS HEREBY GIVEN THAT the Florida Department of Financial Services (“Department”) has received the petition for declaratory statement from L. Daniel Ferrer, on behalf of Charles K. Bortell, Jr., on March 16, 2007. The petition seeks the agency’s opinion as to the applicability of Sections 624.155(2) and 626.909(3), Florida Statutes (2005) as it applies to the petitioner.

The petition requests, “a declaratory statement from your office specifying that the DFS is charged with enforcement of the Florida Insurance Code, and that although the Department has respectfully declined to join in Mr. Bortell’s civil action against these unauthorized insurers and their agents or representatives; pursuant to the authority to do so under §626.909(3), Fla. Stat. (2005); you have determined that Mr. Bortell is a proper party to bring such an action under §624.155(2), Fla. Stat. (2005). Such a declaratory statement holds authority under Fla. Wildlife Federation vs. Collier County, 819 So.2d 200 (Fla. 1st DCA 2002), and would argue favorably in Mr. Bortel’s case against these unauthorized entities and individuals.” The civil action referred to above is in the Circuit Court for Broward County, Florida, case number 06-013846-02: Charles K. Bortell, Jr. vs. White Mountains Insurance Group, LTD, Sirius International Insurance Corp., International Medical Group, Inc., MHG Services, Inc., and Andrew J. Dudzinski, Caroline Bassier, J.W. Haagensen, Jr., and Donna M. MacPhail, individually.

A copy of the Petition for Declaratory Statement may be obtained by contacting: Michael T. Ruff, Assistant General Counsel, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399.

Please refer all comments to Michael T. Ruff, at this same address.